(B) Any existing noncomplying outdoor solid fuel burning appliance shall be removed, replaced or modified within a period of 60 days from the receipt of a notice generated from the Zoning Officer.
(C) Upon application for a waiver of the provisions of this subchapter, the Borough Council may grant a waiver of the provisions of this subchapter after public hearing pursuant to the Local Agency Law, 2 Pa.C.S. §§ 551 and 751, provided that all of the following findings be made, where relevant:
(1) There are unique physical circumstances or conditions (including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property) and that an unnecessary hardship is due to such conditions and not the circumstances or conditions generally created in the neighborhood in which the property is located;
(2) Because of such physical circumstances or conditions, a waiver is necessary to enable the reasonable use of the property;
(3) Such unnecessary hardship has not been created by the property owner;
(4) The waiver, if authorized, will not alter the essential character of the neighborhood nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
(5) The waiver, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the provisions of this subchapter.
(D) In granting a waiver, the Council may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this subchapter.
(Ord. 248-2010, passed 7-5-2010)